On September 7, the Maine Supreme Court ruled that parties are free to choose substitute nominees who are not members of that party. In July 2006, the Republican who had won the primary for State Senate, district 10, had resigned. The Republican Party then tried to replace him with John Arsenault, who was a Democrat (however, he was in the process of changing his registration to “Republican”). Maine’s Secretary of State, a Democrat, refused to allow the replacement. However, the Court ruled that no law prohibits a qualified party from choosing a non-member as a replacement nominee. Arsenault v Secretary of State, 905 A 2d 285.

The Court did not mention that in 1986, the US Supreme Court had said in Tashjian v Republican Party of Connecticut that the First Amendment protects a party’s right to nominate a non-member.

It is quite possible that minor parties could win state legislative seats in 5 states this year.

In Indiana, Rex Bell, a Libertarian, is in virtually a 3-person tie with his Democratic and Republican opponents in the 54th district, according to a poll paid for by the Libertarian Party.

In Maine, Representative John Eder, a Green, is in a 2-person race in the 118th district, and Eder is likely to be re-elected.

In Montana, Rick Jore, of the Constitution Party, is in a 2-person race and is likely to defeat the incumbent Democrat who defeated him two years ago (in 2004, there was a Republican in the race also).

In Utah, Ed McGarr, of the Constitution Party, is in a 2-person race with a Republican, in the 58 district in Orem. The Republican candidate defeated the incumbent Republican in the primary. The incumbent has now endorsed McGarr. Furthermore, some financial improprieties committed by the winner of the Republican primary are coming to light. McGarr is advertising on the radio.

In Vermont, the Progressive Party is virtually certain to win at least five or six seats, and will probably will more. Also in Vermont, 5 Libertarians also won the Republican primary and odds are good that at least one of them will win.

On October 27, the Florida Court of Appeals, 1st district, reversed the lower court’s decision in Cobb v Thurman. Polling places in Florida’s 16th US House district will have signs posted, saying that a vote for Mark Foley counts as a vote for Joe Negron.